(1) This section applies in criminal proceedings where the person who made a previous representation is not available to give evidence about an asserted fact.
(2) The hearsay rule does not apply in relation to evidence of a previous representation that is given by a witness who saw, heard or otherwise perceived the making of the representation, being a representation that was—
(a) made under a duty to make that representation or to make representations of that kind;
(b) made at or shortly after the time when the asserted fact occurred and in circumstances that make it unlikely that the representation is a fabrication;
(c) made in the course of giving sworn evidence in proceedings if the defendant, in those proceedings, cross-examined the person who made the representation, or had a reasonable opportunity to cross-examine that person, about it; or
(d) against the interests of the person who made it at the time when it was made.
(3) For the purposes of subsection (2)(c), a defendant who was not present at a time when the cross-examination of a person might have been conducted but could reasonably have been present at that time may be taken to have had a reasonable opportunity to cross-examine the person.
(4) If a representation tends to—
(a) damage the reputation of the person who made it;
(b) show that that person is liable in an action for damages;
(c) show that person has commited an offence,
then, for the purposes of subsection (2)(d), the representation shall be taken to be against the interests of the person who made it.
(5) The hearsay rule does not prevent the admission or use of evidence of a previous representation adduced by a defendant, being evidence that is given by a witness who saw, heard or otherwise perceived the making of the representation.
(6) Where evidence of a previous representation about a matter has been adduced by a defendant and has been admitted, the hearsay rule does not apply in relation to evidence of a previous representation about the matter adduced by some other party, being evidence given by a witness who saw, heard or otherwise perceived the making of the second-mentioned representation.